Time is of the importance when making a claim for accident injuries. Statutes of limitations mandate personal injury lawsuit filing deadlines in every state. If you miss these deadlines, you risk losing your claim for compensation. Working with Constantinou & Burkert Accident Injury Lawyers will help you file your claim appropriately and on time.
Car accidents, slip-and-falls, and medical malpractice cases require knowledge of the statute of limitations. Knowing your state and injury type’s timing is crucial.
What Is the Statute of Limitations?
The statute of limitations limits your time to sue after being injured. This statute protects plaintiffs and defendants by pursuing legal claims while the evidence is fresh.
Depending on the state, the statute of limitations for personal injury cases usually ranges from one to six years. However, certain factors, such as the discovery of injuries or the involvement of government entities, can affect this timeframe.
How Long Do You Have to File an Injury Claim?
The time you have to file a claim depends on several factors:
1. State Laws
Each state has its own statute of limitations for personal injury cases. For example:
- California: Two years after the injury date
- New York: three years after the injury date
- Florida: four years after the injury date
If you fail to file within this period, your claim is likely to be dismissed. Constantinou & Burkert Accident Injury Lawyers can help determine the deadline applicable to your case and ensure you don’t miss critical filing dates.
2. Discovery Rule
Sometimes, injuries aren’t immediately noticeable. In this case, the time limit might start when the damage is found instead of when the accident happened. This is common in cases of medical malpractice or toxic exposure.
3. Special Exceptions
Unique rules can lengthen or shorten the statute of limitations, such as:
- Claims against government entities (e.g., injuries caused by a city bus or public employee) often have shorter deadlines, sometimes as little as six months to file a claim.
- Minors injured in accidents may have an extended timeframe that starts when they turn 18.
- Mentally incapacitated victims may also receive extra time if they are unable to pursue a claim due to their condition.
What Happens If You Miss the Deadline?
Most likely, the court will throw out your personal injury case if you file it after the deadline time has passed. This means:
- You lose your right to compensation.
- The at-fault party faces no legal obligation to pay damages.
- Insurance companies will not negotiate settlements for expired claims.
Why Hiring an Injury Lawyer Early Is Important
Time can pass quickly after an accident, especially when you are focused on recovery. Avoiding expensive errors can be achieved by collaborating with knowledgeable lawyers such as Constantinou & Burkert Accident Injury Lawyers. A lawyer will:
- Gather necessary evidence before it disappears.
- Make sure all legal documents are submitted in a timely and accurate manner.
- Handle negotiations with insurance companies.
Your case will be stronger the sooner you speak with an attorney.
Conclusion
In the event that you have been injured, the statute of limitations is an important legal deadline that might have an impact on your capacity to seek compensation. Depending on your state and the type of accident, you may have as little as one year or as long as six years to file your claim. Early legal action is crucial since missing this deadline could result in the loss of your right to compensation.
If you’ve been injured, don’t wait. Contact Constantinou & Burkert Accident Injury Lawyers as soon as possible to discuss your case and ensure you meet all filing deadlines. By acting immediately, you safeguard your rights and increase your chances of fair recompense.
